Dear SafetyXChange Members:

Here's a question especially for you SafetyXChange members who are 45 or older. Did you ever feel that your current company or a company you'd like to work for denied you an opportunity because of your age? If so, you're not alone.

Evidence of Age Discrimination in the Job Market

These should be promising times for safety directors and other managers. The U.S. and Canada are experiencing the lowest unemployment rates in nearly five years. The retirement of baby boomers is creating a perceptible talent shortage in the market.

But it appears that not all groups are sharing in the prosperity. Based on a survey we recently completed, the so-called gray ceiling remains a significant obstacle in the career paths of managers over age 45. We spoke to 168 executives with an average age of 50:

• Nearly three-in-four (74%) expressed concern that they will be discriminated against on the basis of their age; and
• More than half (58%) said they believe their age has disqualified them as a candidate for opportunities in the past.

One-in-three executives surveyed (33%) said they believe age becomes a significant factor in a hiring decision at or below the age of 50; 34% say it starts between the ages of 51 and 55; and another one-third (33%) report it becomes an issue after the age of 55.

What Causes Age Discrimination?

Why does ageism persist as a problem - or at least a perceived problem? We asked the survey respondents:

• Nearly half (47%) of those surveyed blame it on the stereotypes about older workers being inflexible and lacking energy;
• 37% blame corporate cost cutting;
• 10% point to rapid changes in technology; and
• 6% say it's the result of increased health insurance premiums.

The survey also found that while nearly half of all executives (47%) expect to retire after the age of 65, 24% are concerned they may be forced into retirement sooner due to their age.

Conclusion

Sadly, unlike some other forms of discrimination, age discrimination has endured and even grown as a problem. "While age discrimination doesn't always receive the attention it deserves, particularly during periods of economic growth, it's a problem that nearly every professional will inevitably face in their career," says my boss Dave Opton, CEO and Founder of ExecuNet. "Anecdotal evidence suggests that an executive under the age of 40 will typically have twice as many interviews as an executive over the age of 50."

So if you're a victim of age discrimination - or worried about becoming one - what can and should you do? I'll offer some suggestions in next week's issue.

Wishing you career success and equal opportunity!

Lauryn Franzoni
ExecuNet
www.execunet.com

THE LAW OF AGE DISCRIMINATION

An Overview

By Glenn Demby

Just in case there's any doubt, it's against the law for employers to discriminate against job applicants or employees on the basis of age. Here's a quick profile of the laws in the U.S. and Canada.

The U.S.

In 1967, Congress enacted and President Johnson signed the federal Age Discrimination in Employment Act (ADEA):

Who It Protects: Workers over 40.

To Whom It Applies: Employers with 20 or more employees.

What It Bans: The following actions are illegal:

• Not hiring persons beca use of their age
• Firing or demoting persons because of their age
• Paying persons differently because of their age
• Using language in help wanted ads that deters older people from applying such as "college students" or "young mothers"

What It Does Not Ban: Employers can:

• Consider a person's age in employment decisions to the extent that age affects the person's ability to do the job
• Force "bona fide executives or high policy makers" who are not less than 65 to retire from a position they've occupied for at least the previous two years

Penalties: ADEA violations can result in:

• Money damages to the victim, including front and back pay
• Reinstatement or promotion of the victim
• Liquidated damages if the violation was "willful"
• The victim's attorney's fees

The Wildcard: As with other civil rights laws, the federal laws represent the minimum level of protection. States can pass their own laws strengthening age discrimination protection. Example: Florida's ban on age discrimination doesn't apply to any specific age group. Thus, discriminating against a person because he or she is young is also illegal.

Canada

In Canada, there's no national statute that covers all employers like ADEA. Instead, each jurisdiction - the 10 provinces, three territories and the federal jurisdiction (which covers employers such as airlines, banks and telecommunication companies who engage in the equivalent of interstate commerce) - has its own age discrimination statutes.

All 14 Canadian jurisdictions include bans on age-based employment discrimination in their human rights codes - the equivalent to U.S. civil rights laws. These laws are substantially the same as the ADEA. For example, as in the U.S., it's okay in Canada to consider age in employment decisions if it's a "bona fide occupational requirement."

The age discrimination rules don't vary significantly from province to province. Exception: Some provinces, including BC, SK and, until recently, ON and NL, extend protection only to workers 65 or under. Consequently, employers in those provinces may force employees to retire at age 66. However, ON and NL recently changed their laws to eliminate the age cap, effectively banning mandatory retirement based on age.

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